Income requirements
#1
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Income requirements
Hi,
I'm applying to bring my wife back to the UK with me with the spouse visa. The application has calculated the minimum income required is 18,600GBP.
My financial situation is complicated to say the least... I moved to the USA in February of 2019.
I am the director of a limited company in the UK since August 2018, and conducted all my business through that company. I completed self-assessments in the UK as well as filing taxes here in the USA for 2019.
On the application I have listed myself as the sponsor and I have declared my self-employment income and have provided the company profit figure for the financial year 2018-2019 as defined on my CT600 for the company.
The issue is that it's showing only 17,600 in profit for the company. I paid myself a wage and then dividends on top of that. I started up an entity here in the USA in March 2020 to switch over trading from the UK to the USA, so since March, the UK LTD has been dormant.
The application says I need the last "full financial year" to have the income counted, but I've only been trading here for the last 5 months, so I'm wondering if this could even be counted? Can I just put the income up until August of 2020?
Thank you in advance for your help. It would seem that the income step isn't as flexible as I would have thought it to be.
Matt
I'm applying to bring my wife back to the UK with me with the spouse visa. The application has calculated the minimum income required is 18,600GBP.
My financial situation is complicated to say the least... I moved to the USA in February of 2019.
I am the director of a limited company in the UK since August 2018, and conducted all my business through that company. I completed self-assessments in the UK as well as filing taxes here in the USA for 2019.
On the application I have listed myself as the sponsor and I have declared my self-employment income and have provided the company profit figure for the financial year 2018-2019 as defined on my CT600 for the company.
The issue is that it's showing only 17,600 in profit for the company. I paid myself a wage and then dividends on top of that. I started up an entity here in the USA in March 2020 to switch over trading from the UK to the USA, so since March, the UK LTD has been dormant.
The application says I need the last "full financial year" to have the income counted, but I've only been trading here for the last 5 months, so I'm wondering if this could even be counted? Can I just put the income up until August of 2020?
Thank you in advance for your help. It would seem that the income step isn't as flexible as I would have thought it to be.
Matt
#2
Re: Income requirements
I am not even sure where to start, as you have both made things complicated and I think also confused the rules. .... If you are a company director and pay yourself a salary, deducting income tax, then you are not (I think) "self employed", because the company you own is a legal entity that has a separate existance, and tax profile, from you. Therefore the profit that the company makes is distinct from your income, because it is you who is sponsoring a visa for your spouse, not the company.
#3
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Re: Income requirements
I am not even sure where to start, as you have both made things complicated and I think also confused the rules. .... If you are a company director and pay yourself a salary, deducting income tax, then you are not (I think) "self employed", because the company you own is a legal entity that has a separate existance, and tax profile, from you. Therefore the profit that the company makes is distinct from your income, because it is you who is sponsoring a visa for your spouse, not the company.
Thanks for your reply - I do agree that I have indeed made everything so much more complex than it should've been.
I think I may have gotten confused when it comes to this field here:
What was the income (in GBP) from self-employment in the last financial year?(Required)
This is the income (i.e. profit), not turnover. Please provide the figure before tax and National insurance deductions. Get the figures from either form SA302 or SA300.
Looking at my SA302, I can see the following values, is the correct one the Total income received value?
Pay from all employments £13,xxx.xx
Dividends from UK companies £9,xxx.xx
Total income received £22,xxx.xx
If so, I would make over the required amount.
Thanks!
#4
Re: Income requirements
I am the director of a limited company in the UK since August 2018, and conducted all my business through that company. I completed self-assessments in the UK as well as filing taxes here in the USA for 2019.
On the application I have listed myself as the sponsor and I have declared my self-employment income and have provided the company profit figure for the financial year 2018-2019 as defined on my CT600 for the company.
On the application I have listed myself as the sponsor and I have declared my self-employment income and have provided the company profit figure for the financial year 2018-2019 as defined on my CT600 for the company.
I don't believe you can use the income if you don't have a full year of accounts though. The full guidance is here which will tell you for sure - https://assets.publishing.service.go...2.0-gov-uk.pdf
Good luck.
#6
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Location: San Diego, California
Posts: 9,651
Re: Income requirements
Sorry, but I don't understand what category you are applying under. I presume F or G, but there seems to be big gaps in your earnings:
You started up a company in the UK August 2018
You say you have provided figures to meet the financial requirements for the full financial year 2018-2019 - for the company in the UK (August 2018 to August 2019?)
You moved to the US in Feb 2019
You started up an entity in March 2020
It is now August 2020.
Where are your earning from August 2019 to August 2020 ? You can't use monies from your company started in March 2020 since you have to show a minimum of a full year's financial accounts.
Your UK company's finances are based on business which was carried out over 12 months ago, and as you say the company has been dormant since March 2020.
What category are you applying under and how do you fulfill proving your earnings of 18,600 GBP per annum IN THE US, which you would need to do in order to process the visa from the US and travel over together.
Sorry , but I don't see how you have US income to warrant applying from the US for a visa.
You started up a company in the UK August 2018
You say you have provided figures to meet the financial requirements for the full financial year 2018-2019 - for the company in the UK (August 2018 to August 2019?)
You moved to the US in Feb 2019
You started up an entity in March 2020
It is now August 2020.
Where are your earning from August 2019 to August 2020 ? You can't use monies from your company started in March 2020 since you have to show a minimum of a full year's financial accounts.
Your UK company's finances are based on business which was carried out over 12 months ago, and as you say the company has been dormant since March 2020.
What category are you applying under and how do you fulfill proving your earnings of 18,600 GBP per annum IN THE US, which you would need to do in order to process the visa from the US and travel over together.
Sorry , but I don't see how you have US income to warrant applying from the US for a visa.
#7
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Re: Income requirements
Hi all,
So I've spoken to a solicitor about the financial situation today and by all accounts everything should be fine.
I've submitted my 2019-2020 self-assessment and am awaiting on processing, but it does show my income in the region of 22,000GBP for the year. They also said that it could be taken into consideration with the job I already have lined up there once I move back which I will be making more than enough.
They're going to get back to me about the gap between March 2020 - August 2020 in UK based employment income, but as long as I can show money coming into my UK bank account there (which I can), it should be fine.
So I've spoken to a solicitor about the financial situation today and by all accounts everything should be fine.
I've submitted my 2019-2020 self-assessment and am awaiting on processing, but it does show my income in the region of 22,000GBP for the year. They also said that it could be taken into consideration with the job I already have lined up there once I move back which I will be making more than enough.
They're going to get back to me about the gap between March 2020 - August 2020 in UK based employment income, but as long as I can show money coming into my UK bank account there (which I can), it should be fine.
#8
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,651
Re: Income requirements
Hi all,
So I've spoken to a solicitor about the financial situation today and by all accounts everything should be fine.
I've submitted my 2019-2020 self-assessment and am awaiting on processing, but it does show my income in the region of 22,000GBP for the year. They also said that it could be taken into consideration with the job I already have lined up there once I move back which I will be making more than enough.
They're going to get back to me about the gap between March 2020 - August 2020 in UK based employment income, but as long as I can show money coming into my UK bank account there (which I can), it should be fine.
So I've spoken to a solicitor about the financial situation today and by all accounts everything should be fine.
I've submitted my 2019-2020 self-assessment and am awaiting on processing, but it does show my income in the region of 22,000GBP for the year. They also said that it could be taken into consideration with the job I already have lined up there once I move back which I will be making more than enough.
They're going to get back to me about the gap between March 2020 - August 2020 in UK based employment income, but as long as I can show money coming into my UK bank account there (which I can), it should be fine.
What category are you applying under?
Just having money coming into a UK account will not make everything just fine ......
There are certain criteria one needs to fulfill for each category. If you fail to fulfill these your application will fail.
Last edited by SanDiegogirl; Aug 19th 2020 at 5:29 pm.
#9
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Re: Income requirements
#10
Re: Income requirements
#11
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Location: San Diego, California
Posts: 9,651
Re: Income requirements
https://assets.publishing.service.go...2.0-gov-uk.pdf
These are the only options, and you have to fulfill all requirements in whichever category you qualify under.
Basically, if using income to fulfill the financial requirements, and you want to obtain the visa while you are all in the US, then YOU the sponsor must have earned the equivalent of 18,600 GBP in the US AND have a job also earning 18,600GBP or above starting within 3 months of return in the UK.
Many people cannot meet these requirements and the sponsor returns to the UK, works for 6 months and then applies for the visa.
Savings and pensions can also be used to qualify. Come back with more questions when you have 'digested' the guidelines.
#12
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Re: Income requirements
In that case, I would definitely have the job offer part down, and would also be able to show that my income is enough through my bank statements and last full financial year's UK self-assessment return.
My working of the situation is the following:
Category B:
Employment can be permanent, a fixed-term contract or with an agency. I am on a permanent contract with a company in the UK.
I will be going back on that company's payroll when I arrive in the UK - salaried at 30,000GBP.
I can show that I have made at least the minimum required income (18,600GBP) in the 12 months leading up to the application.
Which satisfies this:
Where the applicant’s partner is working overseas and transfers with the same employer to a job in the UK, that employment may be used to meet both the overseas employment income and the confirmed job offer in the UK required under Category A or Category B.
This also satisfies section 7 of Immigration Rules Appendix FM-SE: family members specified evidence (as located on the gov.uk website)
In addition, the dividends part of the guidelines specifies that if I am the director of a limited company, the non-employment income will count towards Category F or G requirements.
Last edited by mattarnster; Aug 19th 2020 at 6:24 pm.
#14
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#15
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Re: Income requirements
Does your company come under the following description:?
9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).
9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).
- (a) The specified type of limited company is one in which:
- (i) the person is either a director or employee of the company, or both, or of another company within the same group; and
- (ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
- (iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.